How to Dispute a Bill in South Dakota

Carefully review your bill to identify the specific error or dispute. Document the exact amount in question, the date of the charge, and why you believe it's incorrect. Take screenshots or make copies of the bill showing the disputed amount.

Collect all relevant documents that support your position, including previous bills, payment receipts, service agreements, and any communications with the company about the service or product in question.

Organize your account statements and payment history records for at least the past 6 months. These documents will establish your payment pattern and help demonstrate the disputed charge is an anomaly or error.

Find the original contract or service agreement that outlines the terms, rates, and conditions you agreed to. This document is crucial for demonstrating discrepancies between what was promised and what was charged.

Call the customer service number on your bill to discuss the dispute. Take detailed notes of the conversation including the date, time, representative's name, and what was discussed. South Dakota is a one-party consent state for recording calls, so you may legally record the conversation without informing the other party, though it's often better to inform them as a courtesy.

Document all interactions with the company regarding your dispute. This should include dates, times, names of representatives, summaries of conversations, and any reference or confirmation numbers provided. Keep copies of emails, chat logs, or other written communications.

Write a formal dispute letter that clearly identifies the bill in question, the specific amount disputed, and why you believe the charge is incorrect. Include copies (not originals) of supporting documentation. Under the Fair Credit Billing Act, this letter must be sent within 60 days of when the bill was mailed to you for credit card disputes. For other types of bills, send it as soon as possible.

For credit card billing disputes, complete the Fair Credit Billing Act Dispute Form. This federal protection gives you the right to dispute charges and withhold payment on the disputed amount while the creditor investigates. The form must be received by the creditor within 60 days after the first bill containing the error was mailed to you.

Mail your dispute letter and supporting documentation via certified mail with return receipt requested. This provides proof of delivery. Send it to the billing dispute or customer service address listed on your bill or statement, not the address for sending payments.

Keep the certified mail receipt and return receipt when it arrives. These documents prove when you sent your dispute and when it was received, which is important for establishing timelines if the dispute escalates.

If you don't receive a response within 30 days, follow up with a phone call and another written communication. Document this follow-up attempt as well.

If the company doesn't resolve your dispute satisfactorily, file a complaint with the South Dakota Division of Consumer Protection, which is part of the Attorney General's Office. You can file online at consumer.sd.gov or call 1-800-300-1986 for assistance.

Fill out the South Dakota Consumer Complaint Form with details about your dispute, including all previous attempts to resolve the issue. Include copies of all relevant documentation, including your dispute letter and proof of delivery.

Depending on the type of bill, consider filing complaints with relevant federal agencies. For telecommunications disputes, contact the FCC; for banking issues, contact the CFPB; for credit reporting issues, contact the FTC.

If other methods fail, consider filing in South Dakota small claims court if the disputed amount is $12,000 or less. Small claims court in South Dakota is designed to be navigated without an attorney. You'll need to file in the county where the company does business or where the transaction occurred.

If proceeding to small claims court, complete the Small Claims Court Complaint form. In South Dakota, you can obtain this form from your local clerk of courts or the South Dakota Unified Judicial System website. Include a clear statement of the facts, the amount in dispute, and your attempts to resolve the issue.

File your completed small claims form with the clerk of courts in the appropriate county. You'll need to pay a filing fee (approximately $70 in South Dakota, though it varies by county). If you cannot afford the fee, you can apply for a waiver by completing an Application for Waiver of Filing Fee and Service of Process Fee form.

After filing, you must serve the defendant (the company) with a copy of your complaint. In South Dakota, this can be done by certified mail with return receipt requested, by the sheriff's office, or by a private process server. There is typically an additional fee for service.

Organize all your evidence, including the disputed bill, your dispute letter, proof of mailing, communications with the company, and any other relevant documents. Practice explaining your case clearly and concisely. Be prepared to answer questions from the judge and possibly the defendant's representative.

Arrive early to your scheduled hearing with all your documentation. Present your case calmly and factually. In South Dakota small claims court, the rules of evidence are relaxed, but you should still be organized and respectful. The judge may make a decision that day or mail it to you later.